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High Court of Punjab and HaryanaCRM-M/56370/2022allowed

Rajiv Dahiya And ORS v. State Of Haryana And Another

2023-07-27Mr. Justice Deepak Gupta2 pages

2023: PHHC:096037

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH **** CRM-15876-2023 in/and CRM-M-56370-2022 Date of Decision:27.07.2023 Dr. Rajiv Dahiya and others . . . . Petitioners Vs.

State of Haryana and another . . . . Respondents **** CORAM: HON'BLE MR JUSTICE DEEPAK GUPTA **** Present: - Mr. Sumeet Goel, Sr. Advocate, with Mr. Deepak Singh Saini, Ms. Shivani Kaushik and Ms. Vibha Nagar, Advocates, for the petitioners. Mr. Vipul Sherwal, AAG, Haryana.

Mr. Ishaan Bhardwaj, Advocate, for respondent No.2. **** DEEPAK GUPTA, J.

CRM-15876-2023 This application is filed for quashing of FIR on the basis of settlement agreement/compromise entered into between the parties during pendency of the petition and to place on record settlement agreement/compromise dated 28.03.2023 (Annexure A1). Application is allowed.

Settlement agreement/compromise dated 28.03.2023 (Annexure A1) is taken on record.

CRM-M-56370-2022 Prayer in this petition is to quash FIR No.0380 dated 15.11.2022 registered at Police Station Sadar, Kaithal, under Sections 294, 504, 506, 120B read with Sections 3(1)(R), 3(1)(S) and 3(2) (VA) of the VIVEK PAHWA 2023.07.28 18:22 I attest to the accuracy and integrity of this document

CRM-15876-2023 in/and 2023:PHHC:096037 CRM-M-56370-2022 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.

On the request of counsel for the parties, matter was referred to the Mediation and Conciliation Centre of this Court. Report of Mediator has been received, as per which, matter has been settled. Settlement agreement/compromise was executed between the parties, which has also been sent to this Court along with the report of the Mediator. 3.

Learned counsel for respondent No.2-complainant admits the factum of settlement having been effected between the parties before the Mediation Centre.

4.

In view of the above, following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, FIR No.0380 dated 15.11.2022 registered at Police Station Sadar, Kaithal, under Sections 294, 504, 506, 120B read with Section 3(1)(R), 3(1)(S) and 3(2) (VA) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. (Regulation) Act, 2014 and all consequential proceedings arising therefrom are hereby quashed in terms of the settlement agreement/compromise dated 28.03.2023 (Annexure A1).

Disposed of.

(DEEPAK GUPTA) JUDGE 27.07.2023   

             VIVEK PAHWA 2023.07.28 18:22 I attest to the accuracy and integrity of this document